HOUSE BILL REPORT
SHB 1429
As Passed Legislature
Title: An act relating to manufacturers of recreation vehicles.
Brief Description: Lessening recreational vehicle regulation.
Sponsors: By House Committee on Commerce & Labor (originally sponsored by Representatives Lisk, Morris, Chandler, Chappell, L. Thomas, Thompson, Hargrove, Casada and Silver).
Brief History:
Committee Activity:
Commerce & Labor: 2/8/95, 2/27/95 [DPS].
Floor Activity:
Passed House: 3/13/95, 85-11.
Senate Amended.
House Concurred.
Passed Legislature.
HOUSE COMMITTEE ON COMMERCE & LABOR
Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 10 members: Representatives Lisk, Chairman; Hargrove, Vice Chairman; Thompson, Vice Chairman; Romero, Ranking Minority Member; Cairnes; Cody; Cole; Fuhrman; Goldsmith and Horn.
Minority Report: Do not pass. Signed by 1 member: Representative Conway, Assistant Ranking Minority Member.
Staff: Pam Madson (786-7166).
Background: Since 1970, the Department of Labor and Industries has regulated the body and frame design and the installation of plumbing, heating and electrical equipment in recreational vehicles for purposes of consumer safety. The department also regulates mobile homes and commercial coaches for this purpose. Regulations must be reasonably consistent with the advisory standards and specifications set by the American National Standards Institute.
It is unlawful for anyone to lease, sell, or offer for sale, a recreational vehicle that does not meet the regulations and requirements established by the department. A violation of the safety regulations and standards is a misdemeanor.
The department approves plans and specifications for each model. The plans and specifications cannot be changed without approval. Any models that are altered must display an insignia indicating that the models comply with appropriate regulations.
The director issues insignia to be placed on individual units showing that plans for this unit have been approved. The director also sets the fee schedule for use of the insignia.
The director may conduct necessary investigations or inspections of factories, warehouses, or places where recreational vehicles are manufactured, stored or sold. The director may charge a fee for inspections.
Those units exempt from compliance are used recreational vehicles manufactured for use outside the state that have been used for at least six months.
If recreational vehicles meet standards imposed by other states having similar and accepted standards to those of this state as determined by the director, they may be approved as having met the standards imposed by this state.
The Factory Assembled Structures Advisory Board is a nine-member board that advises the director on matters that relate to regulating the safety of recreational vehicles. The person who serves as chief inspector of the division of factory assembled structures, mobile homes, commercial coaches and recreational vehicles shall serve as secretary to the board.
Recreational vehicles are defined primarily by size and are distinguished from commercial coaches, mobile homes, and park trailers.
Summary of Bill: The Department of Labor & Industries retains authority to regulate the safety of the body and frame design and installation of plumbing, heating, and electrical codes for recreational vehicles and park trailers.
For purposes of this safety regulation, recreational vehicles and park trailers are separately defined. "Recreational vehicle" includes travel trailers, fifth-wheel trailers, folding camping trailers, truck campers, and motor homes.
It continues to be unlawful for anyone to sell or lease a recreational vehicle, including a park trailer, manufactured after 1968 containing plumbing, heating, and electrical equipment, and manufactured after 1970 with body design not meeting safety standards set by the department.
Manufacturers may qualify to be self-certified for recreational vehicles and park trailers. Those who self-certify are exempt from certain department regulations including review of plans and specifications of each model and the insignia of approval. Manufacturers are also exempt from the department's broad inspection and investigation authority. A separate fee schedule would apply to those who self-certify.
In order to qualify for self-certification, the manufacturer is audited by the department and reviewed for the following:
!A quality control program;
!Ability to produce products to standards set by the American National Standards Institute for recreational vehicles or park trailers; and
!On-site availability of plans for each model being manufactured.
The department may reevaluate a manufacturer's self-certification status if the department believes that the manufacturer is no longer meeting the criteria of the initial audit. For purposes of this reevaluation, the department may inspect and investigate the manufacturer.
The manufacturer pays the cost of any self-certification audit or subsequent audit.
A manufacturer who has been denied self-certification by the department must receive notice in writing that includes the reasons for denial and must receive a copy of the initial self-certification audit report. A decision to deny self-certification may be appealed under the Administrative Procedures Act.
The department must conduct performance audits every two years of industry association quality control programs used by manufacturers.
The bill clarifies that both recreational vehicles and park trailers, meeting the requirements of the Department of Labor and Industries need not comply with local ordinances covering the same subject.
Appropriation: None.
Fiscal Note: Requested January 31, 1995.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Testimony For: The recreational vehicle manufacturing industry has developed, over the years, industry-wide standard's for manufacturing and the state of Washington has participated in developing, updating and reviewing recreational vehicle standards. There are also national consensus standards for this industry. The result of removing the Department of Labor and Industries' inspection and enforcement will not lessen standards. There have been no consumer complaints on the two Washington manufacturers. Shifting state inspectors from this area to other areas where the services are needed would help the department.
Testimony Against: Doing away with state enforcement and inspection is doing away with regulation. The program covers out-of-state as well as in-state manufacturers. National standards are set by the industry. There is no enforcement. Consumer safety is too important to allow the industry to regulate itself. Concern is expressed over total deregulation of the industry. The current program could become an audit and monitoring program for those manufacturers who are doing a good job and would allow the department to focus on those manufacturers who need greater inspection. Concern continues to be with out-of-state manufacturers.
Testified: Bill Doyle and Stu Halson, Western RV's (pro); Gary Lukehart, Trail Wagons (pro); Dan Sexton, State Association of Plumbers (con); and Mike Watson, Department of Labor and Industries.